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2025 DAILYLAW 25280 (AP)

ANNAPUREDDY SUBBA REDDY v. THE STATE OF ANDHRA PRADESH

WP/18202/2024 · 2025-04-01

Nyapathy Vijay

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010357432024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 18202/2024 Between: Annapureddy Subba Reddy ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. SASANKA BHUVANAGIRI Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 2. GP FOR FINANCE PLANNING The Court made the following: 2 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO.18202 of 2024 ORDER: 1. The present Writ Petition is filed questioning the non-payment of amounts totaling to Rs.30,56,482/- due to the Petitioner for the works i.e. i) Repair to UGD manhole covers and pipelines at various places in the entire town of Narasaraopet Municipaltiy under Agreement No.291/2021-22, dated 05.03.2022, ii) Dismantling of Damaged CC Drain and Construction of CC Drain & Precast Slabs in front of R.D.O. Banglow in Pedda Cheruvu in 25th Ward, Narasaraopet Municipality under Agreement No.20/2023-24, dated 22.05.2023, iii) Construction of RCC Culvert at Joint Collector Camp Office Building in Ward No.25 of Pedda Cheruvu in Narasaraopet Municipality under Agreement No.118/2023-24, dated 04.10.52023, iv) Rectification of the Major Leaks at various places from 2nd Ward to 18th Wards in Narasaraopet Municipality under Agreement No.195/2023-24, dated 02.02.2024, v) Construction of valve pits & Inter connections at New Booster Room to 800 KL ELSR @ Kabela at 2nd Ward of Narasaraopet Municipality under Agreement No.220/2023-24, dated 05.03.2024 and vi) Providing Assured minimum facilities & Painting in all the existing Polling Stations from 1 to 34 Wards in Narasaraopet Municipality under Agreement No.223/2023-24, dated 05.03.2024 respectively done by him despite finalizing the bills and generating CFMS numbers, as illegal and arbitrary. 3 2. Heard Sri Sasanka Bhuvanagiri, learned counsel for the Petitioner and Smt. Vallabhaneni Sireesha Rani, learned Standing Counsel appearing for the Respondent No.8-Municipality. 3. The Petitioner submits that the works mentioned above were completed and final quality assessment for all the works was done by the Confiar Labs, which was employed by the Respondent No.8 and the amounts due to the Petitioner were uploaded in the CFMS Portal for clearance by the Finance Department vide 2024-797056, 2024-755732, 2024-790536, 2024-764432, 2024-794833 and 2024- 809378 respectively. As the amounts were not being paid the present Writ Petition is filed. 4. The learned Standing Counsel for the Respondent No.8- Municipality passed on the signed instructions of the Commissioner, Narasaraopet Municipality to the Court, wherein the execution of works and the amounts claimed by the Petitioner was not disputed. It was mentioned in the written instructions that the amounts were sent to incorrect funding process and on that account the bill amounts were returned. It was also mentioned that the Respondent No.8 had addressed a letter to get CFMS Department to return the bills of amounts as there was a technical fault and accordingly the CFMS authority had rejected the bills. It was further mentioned that steps are being taken to process the bills of the Petitioner and that there is no deliberate act on the part of the Respondent authorities in delaying the payment. 4 5. As there is no dispute to the execution of works and amount due to the Petitioner, the Writ Petition is disposed of, at the stage of admission, with the consent of both sides counsel and placing the written instructions on record, with the following direction: (i) The Respondent authorities are directed to pay the amounts due to the Petitioner within a period of four (4) months from today. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 01.04.2025 IS 5 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO.18202 of 2024 Date: 01.04.2025 IS